Title: JEB BUSH CALLS FOR ERASING THE CONFEDERATE FLAG - S.C. statehouse fights over Confederate flag controversy Source:
[None] URL Source:http://atlanta.cbslocal.com/2015/06 ... rolina-confederate-flag-brawl/ Published:Jun 30, 2015 Author:cbs Post Date:2015-06-30 17:45:25 by HAPPY2BME-4UM Keywords:confederate flag, FIRST AMENDMENT, jeb bush, civil war Views:968 Comments:13
Poster Comment:
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Note how the CBS announcer begins the story with how "The South started the civil war.'
No. Apparently, employees of the Park Service were lawlessly ordered by their Federal commandants to remove the flags, including the State flag of South Carolina. Going all the way back to before the "Civil War", the Federal government had failed to legally fulfill its agreed terms for utilization of Fort Sumter.
Most Americans believe that the federal government stands absolutely supreme.
Nobody can question its dictates.
Nobody can refuse its edicts.
Nobody can resist its commands.
This is simply not true.
Laws passed in pursuance of the Constitution do stand as the supreme law of the land. But that doesn’t in any way imply the federal government lords over everything and everybody in America.
First off, as James Madison asserted in Federalist 45, the powers of the federal government are “few and defined.” So federal power actually extends into only a few spheres. Most power and authority was left to the states and the people.
Second, even within those areas that the federal government does exercise authority, it cannot force state or local governments to cooperate in enforcement or implementation. The feds must exercise their authority on their own, unless the state and local governments choose to assist.
Simply put, the federal government cannot force state or local governments to act against their will.
This is known as the anti-commandeering doctrine, and it is well established in constitutional jurisprudence. Four Supreme Court opinions dating back to 1842 serve as the foundation for this legal doctrine.